COTIF CIM PDF
Implementation of the COTIF and European law that has an impact . COTIF UR CIM, Appendix B to. COTIF. General Terms and. The Intergovernmental Organisation for International Carriage by Rail is an intergovernmental COTIF was modified by a Protocol that was signed in Vilnius on 3 June These systems of law have been in existence for decades and are known as the CIV (for passengers) and CIM (for freight/goods) Uniform Rules. Webmaster: Baruno Wironugroho.
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Nevertheless he shall retain his rights to claim compension for delay in delivery under Article Where the person entitled gives oral notice of the accident to the railway, the railway shall furnish him with an acknowledgement of such oral notice. Nevertheless, the right of action shall not be extinguished if:.
The international tariffs shall prescribe the documents and certificates which must be produced in support of a claim for refund, the amounts to be refunded and the charges to be deducted. The following shall be acceptable for carriage subject to conditions:. If the Central Office considers that the whole or part of the sum is properly due it may, after taking expert advice where appropriate, call upon the debtor transport undertaking to pay the whole or part of the debt to the Central Office; the sum so paid ciim be retained until the competent court or the Arbitration Tribunal has given a final decision on the merits of the case.
The validity of the payment made by the railway exercising one of the rights of recourse under Articles 57 and 58 may not be disputed by the railway against which the right to recourse is exercised, when compensation has been determined by a court and when the latter railway, duly served with notice, has been afforded an cin to intervene in the proceedings. It shall be equivalent to delivery to the holder of the voucher if, in accordance with the provisions in force at the station of delivery:.
However, for the purposes of the Uniform Rules, the upper limit per passenger ccim be set at 70, units of account in the form of a lump sum or an annuity corresponding to that sum, where national law provides for an upper limit of less than that amount.
This article may require cleanup to meet Wikipedia’s quality standards. Each passenger is entitled only to the space above and below his seat for his hand luggage, or another corresponding space where the carriages are of a special type, in particular, those containing a luggage area. There shall be a quorum in the General Assembly when a majority of the Member States are represented there. It shall hold two meetings each year; it shall also meet if the Chairman so decides or at the request of four of its Members.
Carriage between stations of departure and destination situated in the territory of the same State, performed over the territory of another State only in transit, shall not be subject to the Uniform Rules:. If the Member State declares that, notwithstanding the failure to pay, it wishes xotif undertaking’s lines ci, services to remain on the lists, or if it fails to reply to the Central Office communication within a period of six weeks, it shall be deemed to guarantee the settlement of all debts arising from transport operations subject to the Uniform Rules.
If the consignor has not packed or sheeted the goods in accordance with those requirements the railway shall be entitled to do so; the resulting cost shall be charged against the goods. Registered luggage shall be delivered on surrender of the luggage registration voucher and, where appropriate, on payment of the amounts chargeable against the consignment.
EUR-Lex Access to European Union law
The railways against which such action has been brought shall have no further right of recourse. The railways shall prescribe a standard form of consignment note, which must include a duplicate for the consignor. The declaration shall be reproduced and signed by the consignor in the duplicate of the consignment note which shall be presented to the railway.
Other States shall be appointed for five years. Two or more States, cogif special agreement, or two or more railways by supplementary provisions or by tariff clauses, may agree on terms derogating from the Uniform Rules for the following types of consignments:.
Corif within a fortnight the undertaking does not pay the sum fixed by the Central Office, the latter shall send a further formal notice and draw attention to the consequences of non-compliance.
The consignor shall be liable for all the consequences of the absence of packing or defective condition of packing and shall in particular make good any loss or damage suffered by the railway from this cause.
These measures shall be notified to the Central Office. Sign In or Create an Account.
Don’t already have an Oxford Academic account? However, if expropriation is necessary in the public interest, all the appropriate steps must be taken to avoid interference in the exercise by the Organisation of its activities ctoif adequate prompt compensation must be paid in advance. Rolling stock belonging to a railway, as well as all transport equipment belonging to that railway, such as containers, loading tackle and sheets may not be seized on any territory other than that cjm the Member State having jurisdiction over the owner railway, except under a judgement given by the judicial authority of that State.
Carriage between stations in two adjacent States and carriage between stations in two States involving transit through the territory of a third State shall, in cases where the lines or services ccim which the carriage is performed are exclusively operated cotjf a railway of one of those three States and where there is nothing to the contrary in the laws and regulations of any cimm the said States, be governed by the internal traffic regulations applicable to that railway.
In all other respects, delivery of goods shall be carried out in accordance with the provisions in force at the destination station. National law shall determine whether and to what extent the railway shall pay damages for injuries other than that for which there is provision in Articles 27 and 28, coif particular for mental or physical pain and suffering pretium doloris and for disfigurement.
The passenger must ensure, on receipt of the luggage registration voucher, that it has been made out in accordance with his instructions. If the consignee has not taken possession of the consignment note the consignor cohif be obliged to pay to the railway any amounts undercharged.
The railway shall be relieved of such liability if the loss, damage or delay in delivery was caused by a fault on the part of the passenger, by an order given by the passenger other than as a result of a fault on the part cm the railway, by inherent vice of the registered luggage or by circumstances which the railway could not avoid and the consequences of which it was unable to prevent.
The transport of dangerous goods by rail is authorised subject to compliance with the conditions imposed in the annexes.
Each State may, at the ci, when it signs the Convention or deposits its instrument of ratification, acceptance, approval or accession reserve the right not to apply to passengers involved in accidents occurring in its territory the whole of the provisions concerning the liability of the railway in case of death of or personal injury to passengers, when such passengers are nationals of or have their usual place of residence in that State.
Publication of the measures taken under the first and second subparagraphs shall not be compulsory. Loss of the right to invoke the limits of liability.
Children of five or more years of age but under ten years of age, and children under five for whom separate cotic are claimed, shall be carried at reduced fares. The railway shall enter in the consignment note the results ascertained.
Convention Concerning International Carriage By Rail (COTIF)
Modifications to the fares and other charges provided for in the international tariffs made in order to take account of fluctuations in rates of exchange, as well as corrections of obvious errors, shall come into force on the day after their publication. The amounts of the cash on delivery payment and of disbursements shall be entered in figures on the consignment note.
The particulars entered by the consignor in the consignment note shall be in Roman lettering, save where the supplementary provisions or international tariffs otherwise provide.